State v. Pesquera

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 10, 2026
• Docket: CAAP-24-0000639
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-JUN-2026 08:10 AM Dkt. 76 SO NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

STATE OF HAWAI I, Plaintiff-Appellee, v. JOSUE MACARIO REYES PESQUERA, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT NORTH & SOUTH KONA DIVISION (CASE NO. 3DTA-23-01953)

SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.) Defendant-Appellant Josue Macario Reyes Pesquera (Reyes

Pesquera) appeals from the September 5, 2024 Findings of Fact,

Conclusions of Law, and Order Denying Defendant's Motion to

Strike Proof of Compliance Hearings (Compliance Hearings Order)

entered by the North and South Kona Division of the District

Court of the Third Circuit (District Court).1

Reyes Pesquera raises a single point of error on

appeal, contending that the District Court erred in setting

"endless" unauthorized proof-of-compliance hearings and entering

the Compliance Hearings Order.

Upon careful review of the record and the briefs

submitted by the parties, and having given due consideration to

1 The Honorable Ann S. Datta presided. NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

the arguments advanced and the issues raised, we resolve Reyes

Pesquera's point of error as follows:

Reyes Pesquera pleaded no contest to, inter alia,

Operating a Vehicle under the Influence of an Intoxicant in

violation of Hawaii Revised Statutes (HRS) § 291E-61(a)(1) (2020)

(OVUII). He was sentenced to, inter alia, complete substance

abuse assessment and successfully complete any recommended

treatment. A $250 Drug Demand Reduction Fee was taken under

advisement for one year subject to being waived upon Reyes

Pesquera successfully completing the required substance abuse

assessments and treatments. 2 After the District Court imposed

the sentence, the District Court set the first of several

compliance hearings. On the same day, February 2, 2024, the

District Court entered a Judgment and Notice of Entry of Judgment

(Judgment). The record reflects that compliance hearings were

held on March 7, May 2, July 5, and August 1, 2024. After Reyes

Pesquera moved to strike the proof-of-compliance hearings, on

September 5, 2024, the District Court entered the Compliance

Hearings Order.3

Reyes Pesquera argues that the District Court erred

when it entered the Compliance Hearings Order because, inter

alia, it created a form of court supervision that is not found in

the HRS and the District Court is not authorized to use proof-of-

compliance hearings in OVUII cases as a form of probation to

2 The Honorable Kimberly B.M. Tsuchiya presided. 3 The record on appeal does not reflect any further disposition of the portion of the Judgment that was taken under advisement.

2 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

monitor Reyes Pesquera's substance abuse assessment, treatment,

and rehabilitation.

This argument has merit. For the reasons set forth in

this court's recent Opinion in State v. Rivero-Garcia, No.

CAAP-XX-XXXXXXX, 2026 WL 1582067 (Haw. App. June 3, 2026), we

conclude that the District Court exceeded its authority under HRS

§ 291E-61 by requiring Reyes Pesquera to appear for proof-of-

compliance hearings. Therefore, we conclude that the District

Court erred in entering the Compliance Hearings Order.

Accordingly, the District Court's September 5, 2024

Compliance Hearings Order is reversed.

DATED: Honolulu, Hawai i, June 10, 2026.

On the briefs: /s/ Karen T. Nakasone Chief Judge Sara K. Haley, Deputy Public Defender, /s/ Katherine G. Leonard for Defendant-Appellant. Associate Judge

Charles E. Murray, III, /s/ Clyde J. Wadsworth Deputy Prosecuting Attorney, Associate Judge County of Hawai i, for Plaintiff-Appellee.